You can send your own comments on the proposed plan through June 16 by emailing ESSAComments@nysed.gov A few remaining hearings remain, including in Queens on June 10. For more information visit the NYSED ESSA page here.

The auditorium was nearly full at the New York State Education Department's ESSA hearings in Brooklyn last night; especially with students and teachers from the transfer schools, who spoke passionately about how their schools would be unfairly targeted for intervention given the current ESSA proposal to rate schools largely on their test scores, graduation rates, and attendance.

Students from the S. Brooklyn Community HS, E. Brooklyn Community HS, James Baldwin, and Brooklyn Frontier, all transfer schools, plus Kurt Hahn Expeditionary Learning school, which like Baldwin is also a performance-based assessment school -- all testified about how these schools had literally saved their lives, but would be at risk of closure or radical disruption given all the challenges the students at these "second chance" schools face.

Students from S. Brooklyn Community HS

The ESSA law specifically identifies for intervention any high school where fewer than two-thirds of students graduate. The regulations put out by former US Education Secretary King specified that this must be measured by the school's four-year graduation rate, and though those regs were luckily ditched by the Trump administration, even if measured by their six-year rates plus attendance could doom NYC transfer schools and make them potential targets for intervention or closure.

This is because many students at transfer schools enter these schools undercredited after two or three years of high school or more. Many also enroll students who must have part-time jobs to support themselves and their families, may have children themselves, have recently come out of the criminal justice system, or suffer other life challenges that make a rigid assessments of school quality based on graduation rates or attendance unfair.

One after another, students at spoke of how they had dropped out of large overcrowded NYC high schools where no one knew their name, and had finally found their way to transfer schools which had given them a second home, provided counseling and small classes with the attention they needed to learn, and had put them on the road towards success.

One student spoke to how she had come out of a psychiatric ward and had luckily found her way to the Brooklyn Community High school, which welcomed her, gave her the support she needed and now she's in college to become a counselor. Another student said, "Wouldn't it be ironic if the Every Student Succeeds Act worked against allowing every student to succeed" by unfairly labeling his school as "failing" even as it had provided him the opportunities he needed to thrive. Another student said, "I don't need to cite evidence for the value of transfer schools; I am the evidence right here. My school works."I spoke about how their testimony further revealed the need to measure schools by Opportunity to Learn factors -- including small classes, number of counselors, and a well-rounded education -- which all too few NYC schools now provide, with more than 350,000 students crammed into classes of 30 or more. Not only would these factors more fairly judge the quality of these particular schools, but if the high schools in which these students were originally enrolled exhibited these qualities in the first place, perhaps these students wouldn't have dropped out. My full testimony is here.

We would also save thousands more students who fail to graduate to this day or those who receive a second-class education which does not give them the instructional feedback and emotional support they need to succeed in college or career. Moreover, by including a range of factors rather than merely one or two high-stakes indicators, the state would lessen the risk that relying on any single factor would unfairly judge schools or cause them to "game" the system, by excluding or pushing out the neediest students. As one of the transfer school principals said, if you judge our schools by these rigid metrics, you will be discouraging us from admitting the most at-risk students.

Many Brooklyn parents, including those from D15 Parents for Middle School Equity, also spoke about how rating schools in such a reductionist way may lead to even more inequities and segregation, as the indicators proposed by NYSED are intimately correlated with students' socio-economic status. Below is a video of Tracey Scronic, a Brooklyn parent and educator, making the point that the current ESSA proposal will discriminate against her ESL students. As she said, New York stands at a cross-roads and has the opportunity to lead and promote equity-- rather than further undermine schools and the disadvantaged students that they serve. Under the video of Tracey is the NYSAPE/CSM press release we put out at the end of the evening, with quotes from parent leaders throughout the state, as well as Kelley Wolcott, a teacher at South Brooklyn Community High school. It was an inspiring evening; let's hope the Commissioner and the Regents were listening!

Brooklyn, NY—Frustrated public school parents, activists, and educators gathered in front of the Prospect Heights Education Complex this evening to protest the New York State Education Department’s new schools accountability proposal and the sham process that supposedly generated it. Inside the building, department officials were setting up for one of several hearings scheduled across the state in order to gain feedback on the proposal, which was created to comply with recent federal legislation.

The federal Every Student Succeeds Act (ESSA) is the successor legislation to the Bush-era No Child Left Behind (NCLB) bill. While ESSA preserves much of NCLB, including an onerous and misguided annual testing requirement for all children in grades 3-8, it also gives states more latitude in defining their school accountability systems than did NCLB, primarily through the inclusion of an additional “school quality indicator.”

For this reason, New York’s families and educators were looking forward to the state creating an accountability system that incentivized schools to provide children with a high quality, well-rounded education. ESSA also includes a statement that explicitly recognizes a parent’s right to opt their child out of testing without consequences for the school or district, a point that is crucial in a state where hundreds of thousands of parents have boycotted the tests as developmentally inappropriate and deleterious to their children’s educations.

Instead of benefiting from the flexibility of the legislation, New York State Education Department, under Commissioner MaryEllen Elia, let down New York’s children, parents, educators, and schools, by submitting an accountability proposal for Board of Regents approval that squanders the opportunities that ESSA confers. Its proposed accountability system doubles down on testing, counts opt out students as having failed the exams for the purpose of school accountability, and guarantees the continuation of narrowed test-prep curriculum that has spurred the nation’s largest test refusal movement.

Leonie Haimson, Executive Director of Class Size Matters and a member of the NYSED ESSA Think Tank’s Accountability work group, said, “Even though the largest number of people who responded to the NYSED survey wanted an Accountability system that would include elements of a well-rounded, holistic education providing the Opportunity to Learn, including small classes, and sufficient instruction in art, music, science and physical education, their input was ignored. Many schools in New York City and elsewhere have already narrowed the curriculum because of the over-emphasis on state exams. Instead, NYSED proposes to add only a very few high-stakes indicators, such as student attendance and, in high school, access to advanced coursework. This may have the unwanted effect of making schools offer even less art and music in favor of more AP courses. It is time that the State took account of what matters in providing children with a quality education. This is their chance to do so by incorporating an Opportunity to Learning index in their formula.”

Johanna Garcia, NYC parent of public school students, contended that the proposal’s use of chronic absenteeism as the sole additional indicator for elementary and middle schools, along with test scores and ESL proficiency, meant that the accountability system would disproportionately punish high-poverty and high-immigrant school populations, while doing little to level the playing field among schools. “It is disheartening to see NYSED once again fail to take the opportunity to finally do right by students who have been ignored, penalized, and re-victimized by the very institution entrusted to lift them out of poverty. It doesn’t take a rocket scientist to understand that schools with high chronic absenteeism are suffering from concentrated numbers of homelessness, children in foster care, undocumented immigrant status, economic instability and special health and developmental needs. The proposed policies will further the inequities in our children’s education, while giving credence to the misconception that students from low income neighborhoods are less competent. This disconnect continues to be inexcusable and can no longer be accepted as the status quo.”

Kelley Wolcott, a teacher at South Brooklyn Community High School, a transfer school that serves over-aged, under-credited students--at least a dozen of whom spoke movingly during the hearing about the lifesaving role the school played--agreed. "The proposed accountability measures would devastate our ability to serve the needs of diverse learners. For true accountability, the state needs to focus on and incentivize supplying the resources necessary for students to thrive, including small class sizes, less emphasis on high-stakes testing, fair funding, and a vastly reduced student-to-counselor ratio for students with a history of trauma. Very few schools in NYC still have nurses, let alone a real school-based support team. Without these things--and with the change in graduation requirements mandated by ESSA--we’ll see the destruction of the safety net provided by transfer schools for students who are pushed out of charter schools or drop out of large underfunded public schools where they are no more than an OSIS number."

Kemala Karmen, the parent of children who attend a 6-12 school in New York City, served on the Standards and Assessments work group of the Think Tank. “NYSED seemed intent on perpetuating the narrow strictures of NCLB. The nonpunitive plan (i.e., ask districts to analyze participation to ensure that students had not been systematically excluded, as per the intent of the law) that the majority of my work group proposed to address ESSA’s 95% testing participation mandate was rejected by the NYSED group leader who said it wouldn’t align with the Commissioner’s expectations. This decision to reject the plan was not reflected in the official notes sent later. Leadership insisted that parents just needed to be ‘educated’ about the assessments, rather than acknowledging that the test refusal movement grew out of legitimate concerns with how testing is reshaping classrooms. Moreover, I couldn’t believe that research-based evidence was never shared or apparently considered during our deliberations.”

Jeanette Deutermann, Nassau county parent and founder of Long Island Opt Out, expressed particular consternation for the way that opt-out students will be figured into the accountability system. “It is clear that the option exists to leave opt out students out of the test score accountability formula. To choose instead, and arbitrarily, to count these students as having received low scores, solely for the purpose of rating schools, would make the entire accountability system invalid. While we understand SED's temptation to discourage test refusals, accountability regulations will not change a parent's decision to protect their child from an unfair and unreliable testing regime.”

Eileen Graham, Rochester City School District parent advocate and founder of Black Student Leadership, sent a statement to be read: “Accountability needs to flow not only from the school to the state, but from the state to the schools. In order to succeed, the students of Rochester need the state to deliver well-resourced school facilities, prepared professional educators, and opportunities for teacher-created relevant curriculum. They should be ensuring that parents' voices are heeded and that capable leadership is at the helm. Regrettably, Commissioner Elia’s current ESSA proposal is just a continuation of the test-based accountability that we've had for decades and that has done little to lift Rochester City School District out of a state of educational emergency.”

Lisa Rudley, Ossining public school parent and founding member of NYSAPE, said, “As long as Commissioner Elia is steering the ship, the winds of discredited former Chancellor Tisch and NY Education Commissioner John King will remain. If real significant and meaningful change is going to occur, the Board of Regents needs to replace Elia with someone who represents what's in the best interest of the children. Otherwise, New York’s education policies will remain punitive and harmful to children and schools.”

New York State Allies for Public Education (NYSAPE) is a grassroots coalition with over 50 parent and educator groups across the state. Class Size Matters is a non-profit organization that advocates for smaller classes in NYC’s public schools and the nation as a whole.

Contact key education policymakers

Contact Board of Regents members' emails below.Click here to find your StateSenator; here for your AssemblymemberClick here to find your City Council member; click here to see contact information for Council members on Education CommitteeFor all your elected reps, click hereSpeaker Carl Heastie